Constitution of Peru

Constitution of Peru
Official exemplar of the Constitution of Peru
Overview
Original titleConstitución Política de la República del Perú
Jurisdiction Peru
PresentedDecember 29th 1993
Ratified1993 Peruvian constitutional referendum
31 October 1993 (1993-10-31)
Date effective1 January 1994 (1994-01-01)
SystemRepublic
Unitary state
Presidential system
Ordoliberalism
Government structure
BranchesThree branches (Executive, Legislature and Judiciary) plus constitutionally autonomous organizations
ChambersOne (originally and until 2026)
ExecutivePresident–led administration and their Cabinet of Ministers
JudiciaryJudiciary of Peru
Supreme Judiciary Court of Peru
Constitutional Court of Peru
National Jury of Elections
History
Amendments30 constitutional reformation laws (1995-2024)
Last amended11 December 2024 (2024-12-11) (29th and 30th)
Author(s)Democratic Constituent Congress
SignatoriesPresident Alberto Fujimori (signature erased)
Members of the Cabinet of Ministers
Members of the Democratic Constituent Congress
SupersedesConstitution of Peru (1979)
Constitución Política de la República del Perú at Spanish Wikisource

The Political Constitution of the Republic of Peru (Spanish: Constitución Política del Perú; Southern Quechua: Perú Suyu Hatun Kamay Pirwa 1993)[1] is the supreme law of Peru. The current constitution, enacted on 31 December 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution.[2] The Constitution was drafted by the Democratic Constituent Congress that was convened by President Alberto Fujimori during the Peruvian Constitutional Crisis of 1992 that followed his 1992 self-coup and dissolution of Congress, and was promulgated on 29 December 1993. A Democratic Constitutional Congress (CCD) was elected in 1992, and the final text was approved in a 1993 referendum. The Constitution was primarily created by Fujimori and supporters without the participation of any opposing entities.[3]

The 1993 Constitution of Peru differed originally from the 1979 Constitution in that it gave greater power to the president. For example, it allowed for reelection, reduced the bicameral 240-member congress to a unicameral 120 Congress of the Republic,[4] not only affirmed the president's power to veto found in the 1979 Constitution, but also gave him the power to use a line item veto, and mandated that all tax laws receive prior approval by the Ministry of Economics and Finance. While the Constitution of 1979 allowed the president to dissolve congress after congress censured prime ministers three times, the 1993 constitution allows the president to do so after only two censures. The Constitution allows the president to decree laws as long as they first informs the Congress of their intent to do so. If the president dissolves Congress, the Constitution gives them the power to rule until the election of a new Congress within a four-month timeline, during which time the Standing Committee of the dissolved Congress will remain functioning. Following the ouster of President Alberto Fujimori, the Constitution was amended to bar the president from immediate re-election, a status quo that had prevailed for most of the time since the Great Depression. Subsequent constitutional amendments, laws of Congress, and Constitutional Court rulings have further changed the rules of interaction among branches of government.

To December 2024, the current Constitution of Peru had been subject to 30 amendments since 1995, most of which had been approved by Congress supermajority votes, and just 3 of those amendments had been ratified by a 2018 referendum. Since the 2020 Peruvian protests, calls for the creation of a constituent assembly have been made in Peru,[5] with the majority of Peruvians showing approval of a new constitution in 2023.[6]

  1. ^ Peru (2010). «Constitución Política del Perú de 1993 en Quechua». spij.minjus.gob.pe (in Quechua). Lima: Ministry of Justice.
  2. ^ Economist Intelligence Unit (2005-01-12). "Country Briefings: Peru – Political forces". The Economist. Retrieved 2007-02-23.
  3. ^ Villalba, Fernando Velásquez (2022). "A totalidade neoliberal-fujimorista: estigmatização e colonialidade no peru contemporâneo". Revista Brasileira de Ciências Sociais. 37 (109): e3710906. doi:10.1590/3710906/2022. Retrieved 18 January 2023. terruqueo, ou seja, a construção artificial, racista e conveniente de um inimigo sociopolítico para deslegitimar formas de protesto social
  4. ^ "Peru: Government". Encyclopedia of the Nations – Americas. Thomson Gale. 2006. Retrieved 2007-02-23.
  5. ^ "Con primera ministra a la cabeza, así es el nuevo gabinete de Francisco Sagasti en Perú". France 24. 2020-11-19. Retrieved 2023-01-26.
  6. ^ "Dina Boluarte: "La asamblea constituyente es un pretexto para seguir bloqueando carreteras"". La Republica (in Spanish). 2023-01-17. Archived from the original on 17 January 2023. Retrieved 2023-01-17.

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